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The Great Trials Podcast offers a series of laid-back, casual conversations with leading trial lawyers, taking listeners "behind the scenes" of America’s greatest trials. Hosted by acclaimed trial lawyers Steve Lowry and Yvonne Godfrey, each podcast episode focuses on one important trial and includes in-depth, insightful interviews with the attorneys who successfully argued the case in front of a judge and jury.
Episodes
Tuesday Oct 27, 2020
Tuesday Oct 27, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Sean Claggett of Claggett & Sykes Law Firm (https://www.claggettlaw.com/)
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Episode Details:
Nevada trial lawyer Sean Claggett shares his legal strategy representing Elisa Sales, a woman who sustained permanent brain damage when doctors at Summerlin Hospital and Medical Center in Las Vegas failed to act with urgency after she went into respiratory arrest during a routine pacemaker replacement surgery. During the procedure, the alarms on the monitors checking Elisa's heart rate, blood pressure and oxygen levels were turned off and inaudible, which was against hospital policy. Due to this violation, the medical staff was not alerted when Elisa's blood pressure dropped dangerously low after she was given too much sedative medication. The doctors and medical staff failed to begin immediately performing CPR when they realized her life-threatening condition, violating the standard of care. The medical team's lack of urgency left Elisa's brain without oxygen, causing permanent damage that reduced her mental capacity to that of a five-year-old. Sean Claggett originally asked for $63 million in damages for Elisa's suffering. After hearing from 18 fact witnesses and 13 expert witnesses during the trial, the defense chose to settle the medical malpractice lawsuit for an undisclosed amount immediately following closing arguments.
Click Here to Read/Download the Complete Trial Documents
Guest Bios:
Sean Claggett
Sean Claggett is an established Las Vegas personal injury attorney and handles difficult cases across the country. Sean founded Claggett & Sykes Law Firm in 2005, and is the firm’s lead trial lawyer.
In 2017, Sean was recognized by his fellow trial lawyers of the Nevada Justice Association as Nevada’s Trial Attorney of the Year.
In 2016, Sean had the fourth most influential verdict in the United States according to Courtroom View Network, stemming from a slip and fall at Lowe’s in which his client suffered a TBI after she slipped, fell, and knocked down a three-foot yellow warning cone. Lowe’s top offer before the verdict was $1,400,000.00, and the referring plaintiff attorney offered to resolve the case for $1,749,999.99. The jury returned a verdict in the amount of $16,430,000.00.
Sean’s trial success continued with two verdicts in 2018 in the amounts of $20,000,000.00 and $3,382,000.00. Sean’s verdict of $20,000,000.00 was recognized as the fourth most influential verdict in the United States according to Courtroom View Network, stemming from a negligence case against an HOA for failing to maintain its swing set. The HOA’s top offer before trial was $400,000.00, and the referring plaintiff offered the HOA to resolve the case for $949,000.00. The plaintiff in the case suffered a TBI.
Sean’s trial success continued in 2019 as he obtained a verdict of $645,814.33 in which there was a 16-day gap in treatment after the initial wreck, and then, after eight months of physical therapy treatment, there was a three and a half year gap in treatment before the plaintiff obtained further treatment for his back injury. The top offer from the defense was $50,000.00, and the referring attorney agreed to accept $180,000.00 to resolve the case prior to trial.
Later that year, Sean received an honorable mention from Courtroom View Network as having one of the year’s most impressive trials for his work on a medical malpractice trial where his client suffered a TBI. Sean asked for $63,000,000.00 in closing arguments and the case settled before the jury returned a verdict.
In 2020, Courtroom View Network named Sean to its “Who We’re Watching” list. Courtroom View Network says that after more than a decade of capturing trials for its streaming network, the lawyers on this list are its best of the best of the decade and are the lawyers that other lawyers should watch if they’re looking to improve their craft.
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Tuesday Oct 20, 2020
Tuesday Oct 20, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Kila Baldwin of Kline and Specter, PC (https://www.klinespecter.com/)
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Episode Details:
A Philadelphia attorney with a strong track record leading complex cases against medical device manufacturers, Kila Baldwin of Kline and Specter, PC discusses the high-profile trial in which she represented Ella Ebaugh, a woman who sustained lifelong injuries due to defective transvaginal mesh implants designed by Ethicon, a subsidiary of Johnson & Johnson. In her 40s, Ella was diagnosed with stress urinary incontinence, which caused her bladder to leak unexpectedly. She was implanted with a TVT-Secur and TVT sling and later endured three mesh removal surgeries because the mesh had eroded into her bladder and urethra. Today, Ella is incontinent, wears adult diapers and suffers from frequent urinary tract infections. Using Ethicon and Johnson & Johnson's actions against them, including statements made in internal emails, Kila Baldwin was able to successfully persuade the Philadelphia jury to decide in favor of Ella. In 2017, the jury returned a verdict of $7.1 million in compensatory damages and $50 million in punitive damages, citing Ethicon and Johnson & Johnson’s negligent design of the products and willful disregard for patient safety.
Click Here to Read/Download the Complete Trial Documents
Guest Bios:
Kila Baldwin
Kila B. Baldwin, a partner at Kline & Specter, has been involved in a number of the firm's high-profile cases, including as lead counsel in trials that resulted in verdicts of $80 million, $57.1 million and $41 million against Johnson & Johnson in transvaginal mesh cases.
Baldwin was selected as a Pennsylvania Super Lawyer for 2019 and 2020. From 2011-2018 she was named a Pennsylvania Super Lawyer — Rising Star and for 2014-2019 as a New Jersey Super Lawyer -- Rising Star, designating her as among the top 2.5 percent of attorneys in the two states who are 40 or younger. She also was selected for the 2017, 2018, 2019, 2020 and 2021 editions of the peer-review publication Best Lawyers in America.
In her latest major case, Baldwin in February 2020 achieved a $12.75 million settlement with a medical device manufacturer, Monteris Medical Inc., whose NeuroBlate Sidefire broke during surgery and caused brain damage to the patient. (Read article) Prior to that case, Baldwin obtained a $75 million settlement in a wrongful death case, the largest pre-trial settlement in a case in Pennsylvania history.
In May 2019, Baldwin was co-counsel in a six-week trial that resulted in an $80 million jury verdict against Johnson & Johnson subsidiary Ethicon Inc. for a Media, Pa., woman injured by a surgically implanted vaginal mesh device. The verdict in Philadelphia Common Pleas Court included $50 million in punitive and $30 million in compensatory damages, making it the country's largest compensatory award to date in a vaginal mesh case. (Read article)
A few months earlier, Baldwin won a $41 million verdict -- including $25 million in punitive damages – against a J&J for a Lancaster, Pa., woman who suffered permanent injuries from a vaginal mesh device designed and marketed by a company subsidiary. (Read article)
In late 2017, Baldwin won a major jury verdict against J&J for a Pennsylvania woman injured by a vaginal mesh device made by the company's Ethicon Inc. subsidiary. The award included $7.1 million in compensatory and $50 million in punitive damages for the behemoth drug and device maker's reckless behavior in selling the defective product implanted in women across the country. (Read article) The verdict was featured on the BBC program Panorama. In earlier cases, Baldwin was co-counsel in two trials that resulted in verdicts of $12.5 million and $13.5 million for two other women injured by the surgically implanted vaginal mesh products. (See the Hammons and Carlino cases.)
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Tuesday Oct 13, 2020
Tuesday Oct 13, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Chris Hamilton of Hamilton Wingo LLP (https://hamiltonwingo.com/)
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Episode Details:
Discussing a landmark premises liability case, trial lawyer and Hamilton Wingo LLP partner Chris Hamilton explains how he held McDonald's responsible for ongoing lack of security and secured justice for the families of Texas A&M college students Denton Ward and Lauren Crisp, who died following a late-night trip to a McDonald's in College Station, Texas. In February 2012, Denton Ward and Lauren Crisp, along with Samantha Bean and another friend, went to McDonald's, where Denton Ward was violently assaulted by Marcus Jones and a mob of other attackers. Lauren Crisp and Samantha Bean carried a bleeding Denton Ward to his SUV in an attempt to get him to the hospital. The driver, Samantha Bean, ran a red light and collided with another car. Denton Ward was killed and Lauren Crisp, who was unrestrained and tending to Denton Ward's injuries, was also killed. Despite the defense's attempts to shift focus away from McDonald's ongoing lack of concern for customer safety at a restaurant location with a history of late-night violence and to blame Samantha Bean for reckless driving, a Brazos County, Texas jury assigned 97 percent of the responsibility to McDonald's and returned a verdict of $27,000,000 in damages.
Click Here to Read/Download the Complete Trial Documents
Guest Bios:
Chris Hamilton
Chris Hamilton has established himself as one of the leading high-stakes trial lawyers in the United States. Hamilton has a recent track record of verdicts and settlements that are setting the mark in both the personal injury arena and in complex business disputes. For example, Hamilton was recently featured in Courtroom View Network’s (CVN) list of Most Impressive Trials of 2019. In 2014, Hamilton was recognized by the Dallas Business Journal as having the largest jury verdict in Texas for a personal injury case and the 17th largest jury verdict in the United States.
In 2016, Hamilton was recognized by Top Verdict as having the ninth-largest personal injury verdict in Texas. Hamilton was recognized in 2011 by Verdict Search as having one of the top 10 verdicts in Texas and top 100 verdicts in the United States. Hamilton was selected as one of the Best Lawyers in America for 2019, the Lawdragon 500 Leading Lawyers in America for 2020, and is a member of the prestigious American Board of Trial Advocates (ABOTA).
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Tuesday Oct 06, 2020
Tuesday Oct 06, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Robin Frazer Clark of The Law Firm of Robin Frazer Clark, P.C. (https://www.gatriallawyers.net/)
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Episode Details:
Former State Bar of Georgia President Robin Frazer Clark explains how she secured justice for the only son of 75-year-old Jayne Fox, a woman who suffered a traumatic vocal cord injury during intubation for a lung biopsy, causing Jayne to suffer post-surgical aspiration pneumonia and leading to her death. Admitted to Emory University Hospital in Atlanta for a biopsy of a spot on her lung, Jayne was initially intubated with equipment that was much too large for her petite 97 lb., 5-foot frame. Following the surgery, nurses observed Jayne having difficulty clearing secretions, and an Ear, Nose and Throat (ENT) specialist found abnormalities indicating aspiration pneumonia. However, the ENT and nurses failed to report their observations to the attending physician, Dr. Roy Rajan, who also failed to properly supervise Jayne’s medical care or visit her in person. As a result, Jayne's treatment plan was not adjusted to treat her condition, and she passed away at Emory University Hospital nearly six weeks after her surgery. Despite the defense's attempts to blame Jayne's age, her son and the rarity of her post-operation condition, a Dekalb County, Georgia jury returned a verdict of $2,350,000 in damages against Emory Clinic and Dr. Rajan.
Click Here to Read/Download the Complete Trial Documents
Guest Bios:
Robin Frazer Clark
Robin Frazer Clark is the owner and founder of the law firm of Robin Frazer Clark, P.C., and has practiced law in Georgia for 31 years. Ms. Clark devotes her practice exclusively to plaintiff’s personal injury. Her motto is “A Rising Tide Lifts All Boats.” She is the Co-host of the podcast “See You In Court.”
Ms. Clark was sworn in as the Fiftieth President of the State Bar of Georgia on June 2, 2012, only the second woman ever to serve as President of the State Bar of Georgia and served as President of the 45,000-member association in 2012-2013. One of Ms. Clark’s initiatives she created while President is the State Bar of Georgia’s Suicide Prevention Campaign, “How to Save a Life.” Ms. Clark is a Past President of the Georgia Trial Lawyers Association (GTLA), also only the second woman in the organization’s history to lead GTLA. Ms. Clark is a Past President of The Lawyers Club of Atlanta (LCA), in which she has been a member for over 25 years. Ms. Clark is the only person ever to have served as President of all three of those professional associations, the State Bar of Georgia, GTLA and Lawyers Club of Atlanta. Ms. Clark is a Fellow of the International Society of Barristers (ISOB) whose membership is by invitation only and which is dedicated to the preservation of trial by jury, the adversary system and an independent judiciary. ISOB founders conceived the organization to bring together the best of the trial bar in a setting devoid of partisan interests. Ms. Clark also serves on the Board of Directors of the ISOB Foundation. Ms. Clark is an Associate of the American Board of Trial Advocates (ABOTA), a National professional association dedicated to the preservation and promotion of the right to trial by jury as guaranteed by the 7th Amendment to the United States Constitution.
Ms. Clark is also a member of the Georgia Association for Women Lawyers (GAWL), and a Fellow of the Litigation Counsel of America (LCA), a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. She is a Past Chair of the Atlanta Bar Association Litigation Section. Ms. Clark serves on the Board of Directors of the Georgia Civil Justice Foundation (GCJF) and previously served on the Board of Directors of the Commission on Continuing Lawyer Competency (CCLC). Ms. Clark previously served on the Board of Directors for the Commission on Dispute Resolution, on the Board of Directors of the Institute for Continuing Judicial Education (ICJE), the Board of Directors of the Institute for Continuing Legal Education (ICLE) and the Board of Directors for the Chief Justice’s Commission on Professionalism (CJCP). She is also a member of the American Association for Justice (AAJ) and a member of the American Bar Association (ABA). Ms. Clark has previously served on the State Bar of Georgia Office of General Counsel’s Investigative Panel and the Review Panel.
Ms. Clark has testified extensively before the Georgia General Assembly on issues as far ranging as the discriminatory effect of caps on damages, the detrimental impact of the proposed elimination of vicarious liability in Georgia, the Juvenile Justice Reform Legislation, signed into law in 2013 by Governor Deal, and the elimination of the assignability of legal malpractice claims. Ms. Clark served on the Georgia General Assembly Bicameral Evidence Code Committee that was responsible for drafting the Georgia Evidence Code that was passed and signed into law in 2011 and went into effect in January 2013. Through her advocacy on behalf of Georgia citizens with the Georgia Legislature, she has built strong relationships with numerous Legislators and has worked to promote the cause of justice and protect the constitutional rights of all Georgia citizens.
Ms. Clark received her Bachelor of Science in Biology from Vanderbilt University in 1985 and received her Juris Doctor from Emory University School of Law in 1988. Ms. Clark has been extensively published. As President of the State Bar of Georgia she had 162 articles published in 84 different publications, with a total circulation of 3,122,569. Clark is the author of “Who’s Your Neighbor? Our Moral Obligation to Discuss Mental Health with Our Peers,” Verdict Magazine, Winter 2018; “I’d Rather See a Sermon,” Verdict Magazine, Fall 2016; Building a Connection: Saving the Life of Your Fellow Lawyer, Daily Report, August 2016; “ARE YOU OKAY? ”The Most Important Conversation No One Wants to Have, Atlanta Bar Association Magazine, March 2015; “Realizing the Dream of Equality for All,” Georgia Bar Journal, Vol. 18, No. 7, June 2013; State Bar’s Suicide Prevention Campaign Tells ‘How to Save a Life,’ Daily Report, September 2013;“All I Really Know About Professionalism I Learned in Golf,” Georgia Bar Journal, Vol. 18, No. 6, April 2013; “Decisions Are Made By Those Who Show Up,” Georgia Bar Journal, Vol. 18, No. 5, February 2013; “How To Save a Life,” Georgia Bar Journal, Vol. 18, No. 4, December 2012; “Legal Trailblazers: Women in Leadership,” Georgia Bar Journal, Vol. 18, No. 2, October 2012; “Sharing the Abundance and Lifting All Boats,” Georgia Bar Journal, Vol. 18, No. 1, August 2012; There is No Me Without You~Don Keenan: The Road to Serendipity, a Passion for Children, Verdict Magazine, Winter 2011; There is No Me Without You~Pressing On for a Cure: Patrick Chance’s Story, Verdict Magazine, Winter 2009; Voir Dire: It’s Elementary, My Dear Watson, Verdict Magazine, Winter 2009; There You Go Again: Other Similar Incidents in Medical Malpractice Cases (A Case Study of Bean v. Northeast Georgia Medical Center), Verdict Magazine, Vol. 29, No. 3, Fall/Winter 2004, Essential Tools for Overcoming Trial Fear, Trial Excellence, Advanced Trial Tactics for Attorneys, May 2001 and Closing Argument Tips: Compensatory and Punitive Damages, Trial Excellence, Tactics, Legal Updates & Samples, September 2001.
Ms. Clark is admitted to the State and Superior Courts of Georgia, the Georgia Court of Appeals, the Georgia Supreme Court, the United States District Court for the Northern and Middle Districts, the United States Court of Appeals for the Eleventh Circuit and the United States Supreme Court. Ms. Clark has tried over 70 jury trials and has argued before Georgia appellate courts over 40 times. Ms. Clark has given numerous speeches for the State Bar of Georgia, the Institute of Continuing Legal Education of Georgia and for the Georgia Trial Lawyers Association, has appeared on The Layman’s Lawyer on Atlanta Public Television on the issue of products liability and has appeared on Leyes Cotidianas or Everyday Law on Georgia Public Television on the issue of harmful change of Georgia Civil Justice System in 2005. Ms. Clark has served as volunteer counsel for The Carter Center program “Not Even One Child’s Death by a Firearm is Acceptable or Inevitable”, the Georgia Council for the Hearing Impaired and the Atlanta Bar Foundation’s Truancy Intervention Project. Ms. Clark is also a volunteer lawyer with Civil Lawyers Against World Sex Slavery (CLAWSS).
Ms. Clark is married to William T. Clark, Director of Political Affairs for Georgia Trial Lawyers Association. They have two children, Chastain “Chaz”, age 25, and Alexandria “Alex”, age 22. Chaz is a graduate of Georgia College and State University and is attending graduate school at Georgia Institute of Technology’s School of Architecture. Alex is a graduate of the University of Georgia, where she was Captain of the UGA Rowing Team and is now a 2L at the University of Georgia School of Law. Ms. Clark is a member of Glenn Memorial United Methodist Church on the beautiful Emory University Campus. Ms. Clark is an avid golfer, carrying a 19 handicap.
You may read more about Ms. Clark on her website, www.gatriallawyers.net, or her blog, www.atlantainjurylawyerblog.com. You may reach Ms. Clark also at robinclark@gatriallawyers.net and follow her on Twitter @robinfclark.
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Tuesday Sep 29, 2020
Tuesday Sep 29, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Shane Lazenby of Lazenby Law Group (https://lazlawgroup.com/)
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Episode Details:
Former defense attorney and U.S. Army Judge Advocate General (JAG) Corps veteran Shane Lazenby of Lazenby Law Group explains how he secured justice in the wrongful death of Kip Holland, a 50-year-old intellectually disabled pedestrian who was hit by a weaving, out-of-control tractor-trailer in Gainesville, Georgia. At trial, Shane Lazenby demonstrated that James Harper, the 76-year-old tractor-trailer driver who died before the case went to trial, lied on his Federal Motor Carrier Safety Administration medical exam, took prescription narcotics four times a day, performed breathing treatments for COPD in his trailer and was regularly admitted to the hospital for pneumonia. In 2020, a Gainesville, Georgia jury returned a verdict in favor of Kip Holland's grieving family and awarded $21,029,363 in damages, litigation expenses and attorney's fees.
Click Here to Read/Download the Complete Trial Documents
Guest Bios:
Shane Lazenby
Shane Lazenby is the founder and managing member of Lazenby Law Group. After more than a decade of defending those accused of negligence in personal injury cases, Shane decided to reverse course and help the victims of serious injuries. With unparalleled compassion and limitless commitment, Shane quickly learned how much more rewarding and uplifting service as a victim’s advocate can be. Shane now focuses his practice on helping the victims of catastrophic personal injury and the families whose loved one has passed as a result of the negligence of another.
Shane received his law degree in 1999 at the Walter F. George School of Law at Mercer University in Macon, Georgia. While at Mercer, Shane was a member of the Moot Court Board and the Mercer Law Review where he served as the Eleventh Circuit Survey Editor. Shane also received his Bachelor of Arts degree in Political Science, with a minor in Latin, from Mercer in 1994.
Following law school, Shane returned to the United States Army where he served as a Judge Advocate with the 82d Airborne Division. Shane’s service included duties as the Regimental Judge Advocate for the 505th Parachute Infantry Regiment where he obtained a 100% conviction rate in the most active military justice jurisdiction in the United States Army. Shane was also selected to be the first Judge Advocate from the 82d Airborne Division to deploy to the Global War on Terrorism as counsel to the Commander of the 3d Battalion, 505th Parachute Infantry Regiment in Kandahar, Afghanistan. Shane was then selected to be the Operational Law Attorney for the 82d Airborne Division Commander in Bagram, Afghanistan where he served until returning home.
In December 2010, Shane retired from the Georgia Army National Guard after 21 years of total military service with the Georgia National Guard, United States Army, and Army Reserve. Shane joined the military in 1989, first serving as a combat medical specialist. In 1993, Shane graduated from Officer’s Candidate School and was commissioned as an Infantry Officer. Shane served as an Infantry Platoon Leader, Signal Platoon Leader, and Operations Officer with a Ranger-led, Airborne Long Range Surveillance Unit. He then returned to the active Army for his tour of duty as a Judge Advocate before transitioning into the Army Reserve. In the Army Reserve, Shane continued service as a Judge Advocate, but was then selected for Command as the Headquarters and Headquarters Company Commander for the 335th Signal Command. Thereafter, Shane transitioned back into the Georgia Army National Guard where he returned to his Infantry roots and became the Executive Officer of the 3-108th Cavalry Squadron; his retirement assignment. Shane’s service awards include the coveted Ranger tab, the Master Parachutist Badge, the Air Assault Badge, and the Bronze Star for service in the Republic of Afghanistan during Operation Enduring Freedom. Shane’s service as an Army Ranger also included competition in the LTG David E. Grange Best Ranger Competition in 2002.
After his return from Afghanistan, Shane transitioned into private practice with a prestigious trial defense firm in Atlanta, Georgia gaining invaluable experience and growth alongside some of Georgia’s finest defense and plaintiff attorneys. After deciding to depart big city life, Shane settled his family in Gainesville, Georgia. In Gainesville, Shane continued honing his skills as a partner with a Gainesville firm specializing in the defense of physicians accused of medical malpractice. In his career, Shane has tried more than fifty cases to verdict. His extensive experience was noted when he was selected as an Atlanta Magazine Georgia Super Lawyer Rising Star in 2009, 2010, 2011 and 2012. Shane was also pleased to be selected as a Georgia Super Lawyer for Plaintiff’s Personal Injury in 2015, 2016, 2017, 2018, and 2019; a peer-reviewed award limited to only the top 2.5% of Georgia’s attorneys. Shane also maintains a coveted AV Rating from Martindale Hubbell – the highest possible rating in both legal ability and ethical standards. Shane was also fortunate to graduate from Leadership Georgia in 2013 and Leadership Hall County in 2016.
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Tuesday Sep 22, 2020
Tuesday Sep 22, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Brian Breiter and Chance Pardon of the Law Offices of Brian Breiter (https://brianbreiter.com/)
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Episode Details:
Los Angeles personal injury attorneys Brian Breiter and Chance Pardon of the Law Offices of Brian Breiter discuss how they secured justice for Atlas Ferrera, a make-up artist and budding fragrance designer after he was exposed to harmful chemicals negligently sprayed by a Terminix employee in a neighboring business. While using the bathroom at his workplace, Atlas was exposed to Terminix's roach infestation treatments at an adjacent business when a cloud of neurotoxin-filled "smoke" entered the bathroom. Atlas immediately began to feel dizzy and experienced a burning sensation in his throat. Days later, he had permanently lost his sense of taste and smell and began suffering from chronic migraines. Utilizing a unique strategy, Breiter portrayed a game show host in his closing statements, undermining the credibility of the defense's expert statements and witness testimony in a strategy based on "To Tell the Truth." After five hours of deliberation, a Los Angeles jury returned an $8,000,000 verdict in favor of Atlas.
Click Here to Read/Download the Complete Trial Documents
Guest Bios:
Brian Breiter, Esq.
Mr. Breiter was nominated for trial lawyer of the year for 2019 by CAALA (Consumer Attorney Association of Los Angeles) for his numerous verdicts over the past year. He is a Lifetime Fellow of ABOTA (American Board of Trial Advocates) and has been named to National Trial Lawyers Top 100. Mr. Breiter has been named 9 consecutive years by Southern California and South Florida SuperLawyers. Brian Breiter is a civil trial lawyer practicing since 1995 in the area of Plaintiff’s Personal Injury. With over 100 Millions dollars in settlements and verdicts, Mr. Breiter has dedicated his practice to helping consumers during their most difficult times. Mr. Breiter is licensed in California and Florida. Mr. Breiter represents clients throughout the entire state of California and Florida.
Brian is also an adjunct professor at the Pepperdine Law School where he teaches “Improvisational Mediation” to fellow lawyers, mediators and judges. He also recently taught at the University of Calgary School of Law. He uses his skills as a professional actor for 30 years in the courtroom and depositions like no other in his field.
Chance Pardon, Esq.
Chance Pardon is dedicated to helping injured plaintiffs and has made helping those in need a core part of who he is. Mr. Pardon started as a law clerk at the Law Offices of Brian J. Breiter, LLP and has already helped recover millions for our clients. Mr. Pardon is a core component of our litigation and trial teams. He has worked on dozens of cases going to trial and has jury trial experience working with lead trial counsel and principal attorney Brian Breiter. In law school, Mr. Pardon was President of the UCI Law Trial Advocacy Club and a member of the Domestic Violence Clinic. In the Domestic Violence Clinic, Mr. Pardon helped many victims of domestic violence get the protection they needed. Mr. Pardon’s dedication to helping others has not been limited to the courtroom. For over ten- years Mr. Pardon worked as an ocean lifeguard and emergency medical technician, keeping those who visit our local beaches safe. As a former NCAA Division I water polo player at the University of California, Irvine, Mr. Pardon knows the value of teamwork. Mr. Breiter and Mr. Pardon are both avid water polo players to this day, competing at the Master’s level. They have both also been coaches and have worked to improve the sporting community. Mr. Pardon truly represents the Law Offices of Brian J. Breiter’s dedication to preparing every case for trial and aiding those who need it most.
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Tuesday Sep 15, 2020
Tuesday Sep 15, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Paula Jossart of Jossart Law Office, LLC (https://www.jossartlaw.com/)
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Episode Details:
Award-winning Minnesota personal injury lawyer Paula Jossart of Jossart Law Office, LLC discusses how she secured justice for Scott Kowalewski, a switchman who was exposed to toxic hydrocarbons while working at the Burlington Northern Santa Fe Railway (BNSF) Northtown Yard in Minneapolis in 2014 and, as a result, suffered a severe neurological injury. Rail cars carrying hazardous chemicals from a fracking site in Texas leaked, causing Scott to feel a burning pain in his chest and to lose consciousness. Scott was later diagnosed with a progressive neurological disorder, which significantly diminishes his motor function, making it difficult to swallow, write, get out of bed or perform everyday tasks. Despite BNSF's claims that the company is not responsible for Scott's health problems and many evidence and discovery abuses, a Hennepin County, Minnesota jury returned a verdict of $15,343,753 in damages against BNSF for violating the Federal Employers' Liability Act. Following the jury trial, Judge Amy Dawson assigned a $4.6 million misconduct penalty to BNSF for concealing and destroying evidence related to the case, paying off a witness and misleading federal investigators.
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Guest Bio:
Paula Jossart
Paula Jossart is an experienced personal injury attorney and railroad injury attorney recognized for her record of success in actions against railroads and insurance companies. She has achieved multiple seven and eight-figure verdicts in her career including a recent $21 million judgment against the BNSF. In 2015, she achieved three million-dollar-plus verdicts for victims with personal injury claims in Hennepin County (Minneapolis, MN). She also attained one of Minnesota’s larger personal injury verdicts ─ totaling more than $12.5 million ─ for a man burned by steam from a boiler on which he was working.
A fearless advocate for her clients, Paula Jossart has represented persons in personal injury and FELA (Federal Employees’ Litigation Act) cases in Minnesota and states across the country, including Arizona, Iowa, Illinois, Missouri, North Dakota, South Dakota, Washington and Wisconsin. She served as lead counsel for injured victims in the nation’s largest anhydrous ammonia spill and has worked on many other large chemical exposure cases.
Choosing the right personal injury attorney your important life matter can make a significant difference in the outcome. Paula Jossart encourages potential clients to do their own research before hiring an attorney. Ask about the attorney’s actual courtroom and trial experience. Ask about the results that are being advertised on their website. Who achieved the results? What did the result actually mean for the client? Does the attorney put clients first? Or, does the attorney have a record of urging most clients to settle out of court?
Paula Jossart is a union designated attorney, a tenacious fighter, and a caring and compassionate client advocate. Respected by her peers, she was honored as a Minnesota Attorney of the Year, Outstanding Trial Lawyer by the Minnesota Association of Justice, a Rising Star by Minnesota Law & Politics numerous times, and named one of the Top Young Lawyers. She is a member of the Academy of Rail Labor Attorneys and the Minnesota Association of Justice.
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Tuesday Sep 08, 2020
Tuesday Sep 08, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Kent Emison of Langdon & Emison (https://www.langdonemison.com/) and Hoyt Tessener of James Scott Farrin (https://www.farrin.com/).
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Episode Details:
Missouri personal injury lawyer Kent Emison of Langdon & Emison and North Carolina trial lawyer Hoyt Tessener of James Scott Farrin share how they secured justice for an 11-year-old boy who was paralyzed in a car crash due to an inadequate seat belt design. Positioned in the rear center seat of his father's 1999 Ford Escort, Che-Val Batts' two-point lap belt jackknifed him when another car suddenly pulled out in front of the Escort, leaving Che-Val with damage to his internal organs and spinal cord, rendering him a paraplegic. The other passengers, who were restrained by three-point seat belts, sustained significantly less severe injuries. Despite knowing the higher safety rating of three-point seatbelts and including these more effective restraints in other models, Ford continued to manufacture Escorts with a rear center seat two-point seat belt, violating the company's own safety policies. The defense's attempts to blame Che-Val's injuries on his own misplacement of the lap belt swayed some Nash County, North Carolina jurors and resulted in a hung jury. The case was ultimately settled for $31 million, with details of the settlement remaining confidential.
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Guest Bio:
Kent Emison
A Fellow in the International Academy of Trial Lawyers and a frequent lecturer to bar associations and trial lawyer groups nationwide, Kent devotes 100 percent of his practice to litigation in product liability, motor vehicle accidents, and other cases involving personal injury and wrongful death. In that role he has served as lead trial counsel in numerous multi-million dollar verdicts and settlements and has handled cases all across the United States, from Florida to Hawaii.
Best Lawyers in America named Kent "Lawyer of the Year" for 2018 for personal injury plaintiffs' litigation for the Kansas City metro area. In 2017 he received the Thomas G. Strong Trial Attorney Award from the Missouri Association of Trial Attorneys for his leadership in the profession. Kent’s reputation in the field is due to his track record of obtaining the maximum compensation for injured individuals and for families who have lost loved ones. Throughout his career he has been an advocate of trial by jury and is seen as a leader in the profession.
For the past three consecutive years Kent has been selected as one of the top 100 lawyers in Missouri and Kansas by the peer review process Super Lawyers. American Lawyer magazine and Martindale-Hubbell named him a “Top rated personal injury lawyer” for 2013, and in 2012 he was honored by Missouri Lawyers Weekly as part of its “Lawyer of the Year” program. This award was for his leadership of Langdon & Emison and his service to the profession and the community. Best Lawyers in America named Kent the “Lawyer of the Year” for plaintiff’s personal injury litigation, Kansas City region, for both 2011 and 2014.
Hoyt Tessener
Litigation attorney Hoyt Tessener tries the really tough cases – and he has for more than 30 years. Tough strategically. Tough emotionally. The trucking accidents whose evidence gives you chills. The personal injury cases that can bring an otherwise “impartial” jury to tears. Cases that few have the stomach to try. Confidently. Thoroughly. Compassionately.
Hoyt joined the Law Offices of James Scott Farrin in 2017 so he could try these tough cases with the resources and technology behind him to take his legendary litigation efforts to the next level. He is a shareholder of the firm.
Admitted to practice before the United States Supreme Court and having tried over 100 cases in state and federal courts throughout North Carolina with multiple verdict awards of $1,000,000 or more, lawyers and judges and others know Hoyt for his confidence, tenacity, and meticulous preparation.
His clients know him as their champion.
The one who will fight tooth and nail for them. Honest. Humble. Relatable.
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Tuesday Sep 01, 2020
Tuesday Sep 01, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Allison MacLellan of MacLellan Law Firm, P.C. (https://www.maclellanlawfirm.com/)
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Episode Details:
Allison MacLellan of MacLellan Law Firm, P.C., the 2018 Massachusetts Lawyer of the Year, shares how she secured the largest verdict in Massachusetts history for an employment-related retaliation claim. The plaintiff -- a Haitian-American nurse named Gessy Toussaint, who worked at Brigham and Women's Hospital in Boston for over a decade -- sued the hospital and her nurse manager, Mary Ann Kenyon, for discrimination and retaliation, which began after Gessy defended a fellow Haitian-American nurse who was being verbally abused by management. In a true David-versus-Goliath-style trial, the hospital's large, powerful defense team attempted to tarnish Gessy's stellar career record with standard of care violations. Following 14 days of trial and three days of deliberation, a Suffolk County, Massachusetts jury awarded $28,213,000 in damages to Gessy for the retaliation she faced and cleared the hospital of any discrimination charges. Citing MacLellan's meritorious work as a solo trial lawyer, Judge Christine Roach issued an order for the defendants to pay attorney's fees and costs totaling $415,630.85.
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Guest Bio:
Allison MacLellan
Allison MacLellan is a litigator with proven results. In May 2018, Attorney MacLellan single-handedly secured the largest verdict in Massachusetts’ history regarding a retaliation claim in the employment context after a two and a half week jury trial in Boston.
Attorney MacLellan was named a Massachusetts Lawyer of the Year in 2018 and has been recognized by her peers for her litigation skill and groundbreaking strides, which have changed the landscape of employment discrimination cases in Massachusetts. Ms. MacLellan has also been named a Massachusetts “Super Lawyer.”
Ms. MacLellan fights for her clients no matter how large the opponent and no matter the odds.
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Tuesday Aug 25, 2020
Tuesday Aug 25, 2020
This week, your hosts Steve Lowry and Yvonne Godfrey interview Victor Vital of Barnes & Thornburg LLP (https://btlaw.com/)
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Episode Details:
Texas Lawyer Verdicts Hall of Fame inductee Victor Vital, a partner at Barnes & Thornburg LLP, shares how he secured a take nothing defense verdict in a business fraud claim against his clients, CAT Seattle and Ascend Health Corporation. Both companies countersued Jim Graham, a Dallas oil magnate, and his company, Duffy, for illegally wiretapping a conversation that resulted in a $2 million purchase agreement. Jim Graham secretly and without consent recorded a critical conversation with a "spy pen" during business negotiations. A Dallas County, Texas jury sided with Victor's clients regarding the wiretapping claim, resulting in the recovery of attorneys' fees.
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Guest Bio:
Victor Vital
Victor’s trial experience ranges from patent litigation, unfair competition, contract disputes, business tort cases, and high net worth divorce cases to trade secret and non-compete litigation, real estate disputes, products liability matters, catastrophic injury and death cases, consumer fraud matters, and white-collar criminal matters. Because of his broad trial experience, clients and lawyers turn to Victor regardless of subject matter when they need a trial lawyer for their important cases. Beyond his trial experience, Victor has successfully resolved through settlement and dismissal all types of complex civil litigation matters. Moreover, Victor has secured favorable plea deals and indictment declinations in a range of white-collar criminal matters, including wire fraud and mail fraud, tax evasion, securities fraud, Ponzi cases, and money laundering.
Notably, Victor was inducted into the Texas Lawyer Verdicts Hall of Fame for securing a No. 1 verdict -- the largest employment verdict in Texas in 2012 – for a corporate plaintiff in a complicated noncompete/trade secrets matter. In 2016, Victor secured the largest (No. 1) verdict in the fraud category in the Texas Lawyer Top Texas Verdicts & Settlements of 2016, with a jury verdict of nearly $34 million (including $16 million in punitive damages) in a partnership dispute involving claims of fraud and breach of fiduciary duty. This top 2016 jury verdict also made the National Law Journal Top 100 list.
Victor is often brought onboard on the eve of trial – in the final months or weeks leading up to trial – because of his deep trial experience. Moreover, Victor is a prolific author and invited lecturer/educator on trial issues. He also teaches trial practice techniques and provides commentary on major trials and cases in the media.
Victor previously served as a partner in national and international law firms and has prosecuted cases in a prominent district attorney’s office.
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